, 1887-09-02
THE MURDER TRIAL.
twenty Witnesses Testify in Behalf
OF the Territory.
Attorneys for the Defense Closely
Cross Question All.
Testimony For the Defense Will Be
Introduced This Morning.
THE TWENTIETH WITNESS.

$3.50 SSSoooA
or was considered advisable to recall wit
nesses to rebuff testimony which will be
introduced by the defense.
With one or TWO exceptions every wit
ness placed upon the stand yesterday
correborated and strengthened the super
abundance of eliminating evidence intro
duced upon the previous day. Each re-
lated in plain and u~nmistakable terms the
particulars of the terrible tragedy. To a
man they told how, as the unsuspecting
Chas. Gum was about to enter the saloon
of Jas. Waters at Lusk,- the vindictive
and bloodthirsty fugitive from Texas shot
and nortally wounded him, and continu.
ing, explained how, as the strong man
was lying helpless upon the floor and
struggling in the agonies of death, the
prisoner at the bar placed his revolver at
the head of his expiring victim, and
caused the brains of him to whom he
once he declared friendship and allegiance
to bespatter the floor OF a drinking house.
CROSS QUESTIONING.
Judge Lacey. principal for the defense,
Is an adept at cross questioning, a rapid
thinker, possessing a remarkable COM
mand of language, augmented and as
sisted by an insinuating address. Despite
his acknowledged aptitude in this line, his
arduous labors brought a very poor return
yesterday. In but a single instance did
the legal puzzler succeed in visibly embar-
assing a witness. There was but one
story to tell, and it was told generally in a
straightforward manner. Judge Lacey is
well seconded and ably assisted by Hon.
John A. Riner. On behalf of the people
Prosecutor Stoll, alone and unaided, is
doing all for his side of the case that can
be done. By adroit questions he has
succeeded, thus far, in placing evidence
enough before the Jury to secure a convic-
ton without delay.
The evidence of Deputy Sheriff John
Owens and Capt. Longer was par
t~icularly interesting and afforded the at
torneys opportunities for subtle interrog-
atories. The testimony of the former
was confined to events Immediately
after the occurrence of the murder,
and the ~recapture of Mccoy. 1t was
Owens who fired at and wounded the
fleeing criminal and who met Mccoy
fifteen days later, when the latter was re-
turning to Lusk. The defense endeav.
ored to establish at this point, the fact
that Mccoy had not made deliberate
preparations for an escape previous to the
killing, and adduced testimony from Mr..
Owens to the effct that
THE BACK CINCH
of the saddle on which Mccoy was riding
had not been brought into use. Capt.
Longer, when placed on the stand, stated
that on the morning of the murder. and
previous to its occurrence, he had OBJ
served the horse which Mccoy was wont
to ride tied outside and saddled. He next
observed the animal when it was being
rapidly ridden from town by the accused.
FAST ANIMAL.
The horse ridden by Mccoy, and which
has been 30 often mentioned in the course
Of the trial, was the property of John
Andrews, and was conceded to be the
~f1eetest animal in that section.
THE EXPERTS.
Messrs. Corey, Grimes and Barkwell,
practicing physicians, testified as medical
experts. They were of the opinion that
such a wound as the first one inflicted
upon Gum was necessarily fatal.
THE JAIL BREAK.
Ben H. Smalley, deputy sheriff of
Laramie county, after being sworn excused
himself a moment, walked Just outside
the door of the court room and returned in
a few seconds with a handful OF the vii
famous looking gags which had been found
in the cell of the prisoner after the recent
attempted jail break. So soon as Pros
ecutor Stoll began questioning the witness
as to the planned outbreak Judge Lacey
arose and objected. A short discussion
ensued, after which the Jury and the gags
we're removed from the room by order of
the Judge and arguments made by the at
torneys upon the relevancy Of the testi-
mouy. Brief and brilliant speeches were
ma lie and a number of authorities cited,
with the result hat the defense finally
conceded to the admission of tes-
timony to the effect that Mccoy and
Others had attempted to break jail. This
concession was a decided victory Tor MIR.
Stoll. In delivering the ruling his honor
stated that while for a time Of the opinion
that the testimony was inadmissable he
was convinced, upon consulting authoties,
that it was entirely competent.
NO TEXAS TALK.
Mr.. Chopper, of Hamilton, Texas, who
was intimately acquainted with Mccoy
when the criminal was known by his
proper name, Dan Began, was not allowed
to testify as to the latter's record before
his emigration from the Lone Star state.
THE DEFENSE.
1t is said that Phil Watson, who is held
charged with being an accessory to the
murder of Gum, will take the stand for